Happy Civil Rights Day

Here is a poster from the Chinese Cultural Revolution. According to Wikipedia, it is captioned " "Smash the old world / Establish a new world." The worker is crushing a crucifix, Buddha and classical Chinese texts with his hammer.

As you may know, the Cultural Revolution was one of the cruelest of the 20th century despotic "purges." I happen to have worked with and been friends with survivors and the children of survivors. Those that had different opinions, belonged to the wrong social group, or were suspected of either agreeing with, or being in politically incorrect groups were targeted for persecution, and in some cases death.

It seems to be a fitting image for many family rights challenges this nation is currently facing. State agencies employ their workers to destroy those things that are most precious to politically incorrect groups. I hope that in the future civil liberties will be extended to families of those persecuted by the United States and Canadian governments.

Another letter on the Senate Hearings

I sent similar letters to both my senators, my representative, the state Attorney General, Governor Napalitano, Obama, and President Bush. Please reach out to your legislators with letters. Feel free to use my letter as a base.

Senator Reid has called for a hearing on the FLDS that seems to be nothing more than federally funded hate speech. Reid has included only anti-FLDS bigots that are proven liars and profiteers of sensationalism. No pro-FLDS individual has been called to testify, reminiscent of Hitler, Mao, and Stalin.

Meanwhile, the Texas raid has proven that the FLDS have much lower rates of welfare, underage pregnancy, sexually transmitted diseases, and rape than the general U. S. population. Senator Reid should either grant equal time at the hearings, or be forced to resign for using taxpayer money to promote religious persecution. As president of the Senate, please compel Senator Reid to include equal time for the FLDS at the hearings, and personally attend the hearings to insure that the FLDS are fairly represented.

I have written, and will write again. My representatives, the president, and the vice president can not say "we haven't been asked."

Continued Coverage

Looks like there is now an official in Canada trying to prosecute polygamists. However, the two prosecutors he has hired have both declined to prosecute. Hopefully he gets the message some day, but it might take the Canadian Supreme Court, just like it took the Texas Supreme Court.
It's proving difficult to prosecute polygamists by Daphne Bramham, Vancouver Sun
B.C. prosecutor weighs polygamy charges by Wendy Stueck, The Globe and Mail (Toronto)
Tellingly, the articles never quote a current Bountiful resident, only repeating allegations of government officials and a former FLDS member. Bigotry and slanted media are not just US problems when it comes to religion.
The mess in Texas, Pancho Villa and "usos y costumbres" on The Mex Files
International coverage continues, with the article discussing Pancho Villa being a polygamist, as well as many Mexican immigrants to the United States currently practicing polygamy.

The claims of abuse were overblown, and the State of Texas has not been particularly interested in pursuing child or spousal abuse cases that involve more "mainstream" sectarians.

Whose Kids Are They Anyway? by Mike Gallagher, nationally syndicated radio talk show host
He joins Micheal Savage as major radio talk show hosts who have spoken out on this issue.

But the mantra of "protecting our children" shouldn't give a state agency the ability to shred the constitutional rights of each and every adult who comes into CPS's crosshairs. ... Everything about this story is rotten. It's the textbook example of a zealous government destroying the United States Constitution in order to grandstand and pretend that they are only interested in protecting the children.

More links for today

FLDS: Court victory but no closer to home from Austin News - KXAN

The couple also believe the raid was a form of religious persecution. Joseph Jessop said he remains convinced the state would not back off its case, no matter what evidence the couple might have presented that they were monogamous and their children were not abused.

Are FLDS sect's beliefs sufficient grounds for taking the kids? from The Christian Science Monitor

It also now appears that evidence about the sect's belief system that the state collected during the raid – and presented to a district court to justify its temporary removal of the children – is probably flawed.

Lawyers cry foul in FLDS seizures covered by many, including the Houston Chronicle

"They have created chaos. They don't know what to do. This case has holes in it the size of the Grand Canyon," said Laura Shockley, a Dallas family law specialist with six clients in the case. "There is no way to fix this." She and other lawyers say some of the seized people, especially those who it turns out are 18 or older, have potent federal civil rights lawsuits against the state.

Texas justice: Court says state acted illegally against FLDS Salt Lake Tribune editorial

In essence, here's what the court said: You can't grab people's kids and put them in foster care unless you first prove that each one is in imminent danger. And even if, for example, you have proof that an underage girl has been forced into marriage with an adult male, you can't then claim that every other child is likewise endangered and place them in state custody.
That's Texas law, the court said, and FPS didn't follow it. Nor did a district judge, who refused to return the children to their parents, even though the state hadn't proven its claim of systemic child abuse within the FLDS compound.

Texas' FLDS vendetta Robert Murton Letter to the Editor in the Salt Lake Tribune

Perhaps he has realized that Texas will not be able to justify the extreme actions of its Child Protection Services and some quirk in the Texas law will allow it to take some innocent people's property to pay for this government excess.

CPS commits moral crime against FLDS Alberta Spence Letter to the Editor in the San Angelo Standard-Times

I am not a FLDS member, just a mother and grandmother, but I know how I would feel as would most of you. We must all protest this type of gestapo action. We are not a third world country, but if we allow this to happen we are on our way.

Watchdog criticizes FLDS hearings in the Salt Lake Tribune

These people do this everyday for a living but CPS is going to give them training?

Walther out for revenge?

Walther has been, in my estimation, severely reprimanded by the appeals court - a unanimous decision voiding her judgment. It is clearly a great embarrassment, and political failure. It certainly impacts her legacy, and leaves her looking the fool on national TV.

When such things happen to humans (myself included), we tend to respond in a human way - revenge, and seek to strike out at whatever hurt us. It is the typical "fight or flight" defense, and since the judge has not stepped aside, I would suggest she is in fight mode.

Today, she heard the 14-day hearing of a set of parents. She was very careful, and said the hearing will take as long as it needs to take. She was also careful to avoid deciding the case before the long weekend, allowing the baby to stay in CPS custody another day. By taking her time, and allowing the appearance of due process, she is appeasing the appeals court, and reducing the chance that such a court will find she violated due process.

However, I fear it is all about appearance. There is no real justice. She has a fixed interest in seeing all FLDS placed in CPS custody to support her earlier ruling. There can be no real due process when the judge can unilaterally decide to support her earlier decision, and then put on a show trial.

News Articles this morning

Here is a collection of some interesting items that have popped up in the news. Thanks to Grits for Breakfast and The Plural Life and their comment sections for the original links.

Mental Health Workers Rip CPS
Houston Chronicle
San Antonio Express News
Dallas Morning News
Summary: Previously, FLDS complained about their treatment from CPS, which has often been dismissed as the FLDS trying to wage a "propaganda campaign." However, in this story nine different workers from Hill Country Community Mental Health-Mental Retardation Center sent anonymous letters to the Hill Country MHMR board, who made them public. One board member, Jack Dawson, is also a Comal County commissioner.

This illustrates a few points:

1. It is not just the FLDS who thought the conditions at the shelter were poor, or that CPS mistreated them, lied to them, and lied in subsequent press releases/press conferences.
2. These reports are coming from at least one Texas politician, and various Texas mental health workers. Thus, it shows that Texas is not unanimous in condemning the FLDS, and people are willing to support fairness of unpopular religions.
3. The State CPS are not above reproach, and more evidence exists that they have lied.
4. Criticism of the CPS are coming from multiple sources, and not just the FLDS. It is much easier to dismiss the opinions of an unpopular religion than experienced mental health workers and county commissioners.

Editorial from Maggie Jessop in the Salt Lake Tribune.

Here is an editorial from an FLDS mother. She attacks head-on some of the many negative rumors, slanders, and lies that have been published about the FLDS. I think I liked this line of sarcasm best:

However, I may not have it within my psychological or emotional capacity to communicate appropriately due to the widespread "fact" that I belong to an uneducated, underprivileged, information-deprived, brainless, spineless, poor, picked-on, dependent, misled class of women identified as "brain-washed." But, I'll give it my best shot.

She certainly lets loose some emotion. It is a rather potent denunciation of the actions of Texas, and the media for spreading unsubstantiated, incorrect, and sensational rumors.

Child protection law and the FLDS: There's a better way by Linda F. Smith, professor and clinical program director at the University of Utah's S. J. Quinney College of Law.

Here is the final two paragraphs:

If there are families within the FLDS community who do not impose under-age "marriages" on their children, the CPS workers should return their children to them and solicit their help to change this dynamic within the community.
Such an approach would more likely lead to eradicating what society clearly considers abusive than will a full-scale assault on the community's practice of plural marriage.

It seems to be a well-reasoned and well-informed article. She lists possible means of appeal, and what amounts to the really terrible method of the initial hearing that deprived the parents of their children without due process. It has encouraged me to once again write my state legislators and appeal for parental rights and the support of the constitution in child welfare cases.

What does Texas church raid say about us? USA Today editorial by Mary Zeiss Stange, professor of Women's Studies and Religion at Skidmore College in Saratoga Springs, N.Y.

Here is an official USA Today editorial ripping the situation in Texas, and bringing up the bigotry aspect.

What is clear, however, is that there is no objective justification for brushing off the mothers as a bunch of prairie-style Stepford wives, let alone for leaping to the conclusion that mounting an armed raid to take their children away was indeed proper to do on the strength of a metaphor grounded in a religious stereotype.

This is a professor and a feminist saying this, not a member of the FLDS, and probably someone who has no contact with them. From this I pick up a few important points:

1. Feminists, who tend to extremely oppose polygamy, and are generally considered a hostile witness, oppose the actions of Texas. It is hard to argue that it is just the FLDS, religious extremists, "Utah Mormons," or pedophiles that oppose the raid.
2. A professor opposes the actions of Texas, and says so in an editorial. Professors have many things to write about. That they would write about the Eldorado raid signifies that it is important to them, and that intelligent people oppose the actions of Texas.
3. Problems with the Eldorado raid are recognized nationally. Just like Jim Crow laws and civil rights, those outside Texas saw the problems, and opposed the abuses.
   

Second set of letters to United States Legislators

I have once again written to my US legislators. Once again, I hand delivered to my representative, and used the online forms for my senators. I hope everyone else is writing to their elected representatives as well.

I sent different letters to my Senators who are republican, and my representative who is Democrat. It just so happened that partisan politics helped my arguments, as opponents have been Democrats in the Senate, and Republicans in the house.

Once again, I would encourage everyone to write to their legislators and other elected officials. This is much, much more important than newspaper comments. We have to reach the actual decision makers.

Honorable Representative G:

I am writing you to express my concern over Civil Rights violations that appear to be happening in the aftermath of the Eldorado raid in Texas. However, I am not the only one, as the Texas ACLU and many national commentators and journalists from both parties have condemned the Civil Rights violations.

As you may recall, the raid was started by a hate crime – false reporting of child abuse for the specific intention of religious persecution. Since that time there have been other hate crimes throughout Texas, such as threats of violence against Mormons, anti-Mormon graffiti, vandalism of Mormon homes, and teachers in Texas public schools spreading anti-Mormon propaganda. Thus, the wildfire of hate crimes has spread far beyond the initial match, with even U. S. Representative Kay Granger (R-Texas) directly supporting religious discrimination in an official request.

Such an intolerant atmosphere makes the protections of the Bill of Rights even more important, as violations of rights are most likely to happen to unpopular people. In Nazi Germany it was the Gypsies and Jews who were first persecuted, and a similar pattern seems to be emerging here. Parents need a federal Bill of Rights to protect them from unreasonable seizure of their children without due process of law. As one of your constituents, I would appreciate it if you would do the following:

1- Sponsor a resolution in the House reprimanding Representative Granger for advocating religious preference in government contracts. The resolution should also call for an end to religious bigotry, and call for supporting first amendment rights for unpopular religions.

2- Start a Parent's Bill of Rights that protects families from unreasonable seizure of children, especially when anonymous reports may be given due to religious bigotry, racism, or political gain. (Note that the Texas CPS seizes a much higher rate of Latino than Caucasian children.)

Thank you very much for your consideration,

xxxx

I changed "Representative Granger" to "Senator Reid," included more about citizens of Arizona being subject to religious persecution, and deleted a line about Texas CPS seizing Latino children for the letter to the Senators.

I am writing you to express my concern over Civil Rights violations that appear to be happening in the aftermath of the Eldorado raid in Texas. However, I am not the only one, as the Texas ACLU and many national commentators and journalists from both parties have condemned the Civil Rights violations.

As you may recall, the raid was started by a hate crime – false reporting of child abuse for the specific intention of religious persecution. Since that time there have been other hate crimes throughout Texas, such as threats of violence against Mormons, anti-Mormon graffiti, vandalism of Mormon homes, and teachers in Texas public schools spreading anti-Mormon propaganda. Thus, the wildfire of hate crimes has spread far beyond the initial match, with even U. S. Senator Harry Reid (D-Nevada) directly supporting religious discrimination against Arizona citizens.

Such an intolerant atmosphere makes the protections of the Bill of Rights even more important, as violations of rights are most likely to happen to unpopular people. In Nazi Germany it was the Gypsies and Jews who were first persecuted, and a similar pattern seems to be emerging here. Parents need a federal Bill of Rights to protect them from unreasonable seizure of their children without due process of law. As one of your constituents, I would appreciate it if you would do the following:

1- Sponsor a resolution in the House reprimanding Senator Reid for advocating religious intolerance of Arizona citizens. The resolution should also call for an end to religious bigotry, and call for supporting first amendment rights for unpopular religions.

2- Start a Parent's Bill of Rights that protects families from unreasonable seizure of children, especially when anonymous reports may be given due to religious bigotry, racism, or political gain.

Thank you very much for your consideration,

xxxx

Response to "Give System Time to Work"

I recently came across an opinion article posted in the Houston Chronicle. It is impossible to respond to every inaccurate story, but I did respond to this one. I felt it appropriate that since Mr. Shields is the Executive Director for Justice for Children, it was important to make an attempt with this article. While writing to your legislators is more important, leaders of organizations such as this should not get away with bigotry and ignorance.

http://www.chron.com/disp/story.mpl/editorial/outlook/5729137.html

To: jshields@justiceforchildren.org
Subject: Children Being Emotionally Abused

Jim Shields:

I am emailing to report child abuse. The State of Texas has systematically abused almost 500 children. I "want protectors of children to have as few obstacles as possible to do their jobs," which is why the children from the FLDS compound should be returned to their best protectors, their parents.

As you have said, "more than 75 percent of the cases where CPS knows there is imminent danger to a child, CPS returns the child to the dangerous home." Yet in this case, the state's witness testified in court that no child under 5 was in imminent danger. Thus, we see a dangerous precedent where children are taken from their best protectors, and subjected to emotional waterboarding at the hands of the CPS.

You should know that the FLDS has been subject to false accusation, as the evidence proves the first warrant was based on a hate crime. But, the second warrant was only based on the appearance of teenage pregnancy. The same flimsy evidence would also convict high schools, projects, trailer parks and barrios.

Instead, you seem to be want to encourage further hate crimes by the unsubstantiated allegations in your Houston Chronicle Viewpoint. You say that "escapees from the FLDS compounds" have reported all manner of physical abuse. However, only YFZ Ranch can be described as a "compound," showing one factual error. Second, the stories of the escapees conflicts with the CPS workers testimony, the witness for the state, the attorneys for the children, and the public statements of the medical personnel who examined the children. Tales told to sell books is much less reliable than testimony under oath.

Your spreading of inaccurate and slanderous rumors does have real consequences for children. Though you may not be aware, there have been multiple hate crimes and threats against non-FLDS Mormons in Texas. While the persecution of adults will reach the media, bigotry against Mormon children will receive much less press, even though it likely to be much more prevalent. The FLDS children also face the threat of bigotry, persecution, and gang violence in foster care due to the many false rumors. Thus, your inflammatory remarks contribute to an environment that threatens the children you claim to want to protect.

Finally, you mention how stress can destroy the brain. But, you fail to point out the great deal of stress that the state has caused the children. How can you say that being forced at gunpoint to leave your home is not a stressful situation? How about having your cell phone unlawfully taken away, being cut off from the outside world, not being able to even see your attorney, or have no say in whether you are sent to a foster home or returned to your family? While you cannot prove your allegations of emotional abuse, I have plenty of evidence to support my contention.

In conclusion, the state has emotionally abused both the parents and the children. It is clear we need to save the children from the state.

xxxx

I would sign my name, but I don't want an anonymous caller from Texas to call CPS and have them take away my children and confiscate all my property. I don't get enough time with my children, and I need my computer to finish my dissertation.

Every moment we have with our children is precious. The state should be given "time to work" on acquiring actual evidence, not in tampering with our children.

Ideas for a Parental Bill of Rights

The abuses of the FLDS in Texas show what a slippery slope we enter when we deny constitutional rights. I am in the process of writing my state representatives, encouraging them to enact a "Parent Bill of Rights" that would protect us from unlawful seizure of our children. Such a measure would return the burden of proof to the state, and require greater oversight on the activities of various "protective" organizations. It would also require greater proof than accusation in cases of alleged abuse.

I am posting this here because I really want your feedback before writing these letters, and possibly circulating a petition. Please comment on what you would like to see.

Thanks

Emails to Texas ACLU

Before the Texas ACLU entered the fray, I wrote to them, encouraging them to take a stand. Hopefully, many people also wrote them, and that may be part of the reason they are now involved in the case.

Texas ACLU:

I am truly appalled at the abuse of civil and religious liberties that took place at the recent raid on the YFZ ranch. It is a much bigger and more systematic discrimination than that faced by Muslims after 9/11. Yet, I have read nothing of the ACLU assisting the victims. Perhaps you are already addressing the situation, and I have overlooked it. But if not, you surely must step in and help these people. There is simply no bigger abuse of government power right now than this situation.

Thanks,
xxxxxx
~~~~~~~~~~~~~~~~
Texas ACLU:

I am once again writing to implore you to protect the rights of the parents in Eldorado, Texas. This is the biggest violation of civil liberties since Waco. This type of action has a huge chilling effect on public discourse and free association. The effective emotional waterboarding of the children and parents is a huge abuse of power. This case deserves immediate attention and emergency action.

Sincerely,